“Risk Management: I’ve Been Sued, Now What! Part 3,” Innovations in Clinical Neuroscience Journal Article by PRMS

Our PRMS Risk Managers frequently share their expertise by contributing articles to clinical journals, including the Innovations in Clinical Neuroscience (ICNS) digital journal, throughout the year. Read an excerpt by PRMS Risk Manager, Kem Isang, RN, JD, from ICNS’ article, “Risk Management: I’ve Been Sued, Now What! Part 3: Litigation Process—Jury Selection, Opening Statement, and Calling Witnesses.”

In Part 1 of this series, you had just been served with notice of a lawsuit. The first two steps of the litigation process, the summons and complaint and the answer, were described. Important risk management tips were offered, including:

• Contacting your professional liability insurance company right away;
• Not discussing your case with anyone other than your attorney and professional liability insurance company representative; and,
• Not making any alterations to your records.

Part 2 of this series explored the discovery process, motions, and whether to settle or defend a claim. Important risk management tips included:

• Being honest with your defense attorney;
• Following your defense attorney’s guidance;
• Providing specific treatment information and forwarding copies of treatment records to your attorney; and
• Preparing and reviewing your deposition testimony with your defense attorney.
• In this article, we will cover the next three parts of the litigation process: jury selection, opening statements, and calling witnesses.

The Litigation Process: Jury Selection

Voir dire is the process by which a jury is chosen. During voir dire, either attorney may dismiss a prospective juror “for cause” (i.e., prospective juror revealed information that might indicate a bias). The judge may also determine that a prospective juror should be struck for cause. Each side may also dismiss a prospective juror without stating cause—typically done because the attorney believes that the juror is likely to find against their client.

Read the rest of Kem's article with further clarification on the litigation process and risk management tips to consider. For part 1 written by Denita Neal, JD, PRMS Senior Risk Manager, click here, and read part 2 written by Charles D. Cash, JD, LLM, PRMS Associate Director of Risk Management, through this link.

To learn more about the superior psychiatry-specific insurance program and comprehensive services offered by PRMS, click here.

Authored by PRMS.